restricted access 183. American Indian Religious Freedom, August 11, 1978
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289 and until Congress makes clear its intention to permit the additional intrusion on tribal sovereignty that adjudication of such actions in a federal forum would represent, we are constrained to find that §1302 does not impliedly authorize actions for declaratory or injunctive relief against either the tribe or its officers. . . . [436 U.S. Reports, 56–59, 62–64, 72.] 183. American Indian Religious Freedom August 11, 1978 The broad statement of policy about Indian religious freedom, in the form of a joint resolution, was a significant congressional action in support of Indian cultural autonomy. It placed the responsibility for implementing it on federal departments and agencies. Whereas the freedom of religion for all people is an inherent right, fundamental to the democratic structure of the United States and is guaranteed by the First Amendment of the United States Constitution ; Whereas the United States has traditionally rejected the concept of a government denying individuals the right to practice their religion and, as a result, has bene- fited from a rich variety of religious heritages in this country; Whereas the religious practices of the American Indian (as well as Native Alaskan and Hawaiian) are an integral part of their culture , tradition and heritage, such practices forming the basis of Indian identity and value systems; Whereas the traditional American Indian religions, as an integral part of Indian life, are indispensable and irreplaceable; Whereas the lack of a clear, comprehensive, and consistent Federal policy has often resulted in the abridgment of religious freedom for traditional American Indians; Whereas such religious infringements result from the lack of knowledge or the insensitive and inflexible enforcement of Federal policies and regulations premised on a variety of laws; Whereas such laws were designed for such worthwhile purposes as conservation and preservation of natural species and resources but were never intended to relate to Indian religious practices and, therefore , were passed without consideration of their effect on traditional American Indian religions; Whereas such laws and policies often deny American Indians access to sacred sites required in their religions, including cemeteries ; Whereas such laws at times prohibit the use and possession of sacred objects necessary to the exercise of religious rites and ceremonies ; Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of American in Congress assembled, That henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians , including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites. Sec. 2. The President shall direct the various Federal departments, agencies, and other instrumentalities responsible for administering relevant laws to evaluate their policies and procedures in consultation with native traditional religious leaders in order to determine appropriate changes necessary to protect and preserve Native American religious cultural rights and practices. Twelve months after approval of this resolution, the President shall report back to the Congress the results of his evaluation, including any changes which were made in administrative policies and procedures , and any recommendations he may have for legislative action. [U.S. Statutes at Large, 92:469–70.] ...


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